DELHI HIGH COURT
SURESH KUMAR KAIT, SAURABH BANERJEE
Ajay Kumar Awasthi – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. ssb structure and seniority issues (Para 1 , 2 , 3 , 4) |
| 2. claims of seniority and promotion rights (Para 5 , 6 , 7 , 8) |
| 3. response and defense by respondents about promotion processes (Para 9 , 10 , 11 , 12 , 13) |
| 4. court's analysis on seniority criteria and rule application (Para 14 , 15 , 16 , 17) |
| 5. judicial precedent on retrospective seniority claims (Para 18 , 19 , 20 , 21 , 22 , 23) |
| 6. delay and laches in legal claims (Para 24 , 25 , 26 , 27) |
| 7. implications of delay on service matters (Para 28 , 29 , 30 , 31 , 32) |
| 8. final judgment and conclusion (Para 33 , 34 , 35) |
JUDGMENT
Saurabh Banerjee, J. As per petitioners, the `Sashastra Seema Bal' [Hereinafter referred to as "SSB"], earlier known as `Special Service Bureau', was raised under the Cabinet Secretariat for guarding the bordering states of India right after the Indo-China War of 1962. As per the then procedure, the seniority of the lower ranking personnel was being fixed at the Battalion level to accord promotions.
2. Pursuant to the recommendation of the 5th Central Pay Commission [Hereinafter referred to as "CPC"], accepted by the Government of India, the Ministry of Home Affairs [Hereinafter referred t
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